( 1 ) THIS is a suit for possession of Property No. 11, Commununity Centre, Basant Lok, Vasant Vihar, New Delhi. The tenant has not been paying any rent for years. It neither wants to vacate the premises nor it wants to pay anything towards rent. It claims that these privileges are conferred on it by the Sick Industrial Companies (Special Provisions) Act,1985. The case is a glaring example of abuse of the provisions of the said Act.

( 2 ) VIDE lease deed dated 25th November,1981, the defendant company took on lease the suit property comprising of ground floor, first floor, basement, loft and mazanine floor and projector on a monthly rent of Rs. 29,686. 00. The lease deed is dated 25th November,1981 and was registered with the Sub-Registrar, New Delhi onllthmarch,1982. The plaintiff has filed the plan of the property comprised in the tenancy of the defendant. The lease deed was initialy for a period of three years w. e. f. 1st March, 1982 and contained an option for the defendant to extend it for a further period of two years on enhancement of rent at 10%. The tenant exercised the option and as such the period of tenancy under the lease deed expired on the mid night between 28th February,1987 and 1st March,1987. The defendant company continues to occupy the premises even thereafter.

( 3 ) THE plaintiff has alleged that there have been defaults in payment of rent by the defendant for which claim has been made in the plaint on account of arrears of rent and also for mesne profits after the termination of tenancy of the defendant by the plaintiff.

( 4 ) THE plaintiff served a notice of demand and termination of tenancy dated 24th May,1991 on the defendant -terminating the tenancy w. e. f. the mid night of 30th June,1991. The defendant was requested to vacate the premises on termination of tenancy and to handover its vacant possession. However, the defendant did not comply with the notice and did not handover possession of the premises to the plaintiffs. The defendant replied to the notice through letter dated 28th June,1991 issued by counsel for the defendant on behalf of the defendant. The plaintiff has placed on record office copy of the notice dated 24th May,1991 alongwith A/d cards regarding delivery of notice to the defendant at one of its addresses. The plaintiff has also placed on record an envelope containing the same notice addressed to another address of the defendant which returned undelivered. Thus one of the original notice is also on record. Besides this, the plaintiff has filed the original reply to the said notice received from counsel for the-defendant. Thereafter, the plaintiff filed the present suit for recovery of possession of the tenanted property and arrears of rent and damages mesne profits for the use and occupation of the premises. Alongwith the plaint, the plaintiff filed certain documents as per the list. It will be seen from the said list that the plaintiff filed a photocopy of a registered general power of attorney dated 7th November,1981 executed by plaintiffs 2 to 5 in favour of the plaintiff No. 1 to institute the present suit and sign and verify pleadings on their behalf. The plaintiff also filed photocopy of the registered lease deed dated 25th November,1981, letter of defendant dated 9th January,1985 exercising option for continuing the lease for another period of two years, besides the original registered postal envelope returned undelivered containing the notice dated 24th May,1991 addressed to one of the address of the defendant and the A/d receipt regarding delivery of notice to the defendant at its another address. The original reply dated 28th June,1991 received from counsel for the defendant as well as plan of the tenanted property were also filed alongwith these documents. The plaintiff was aware of the fact that the defendant company had been declared a sick unit and proceedings were going on under the Sick Industrial Companies (Special Provisions) Act, 1985. Plaintiffs,